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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi - I am currently in the process of writing my will. My

Resolved Question:

Hi - I am currently in the process of writing my will. My partner and I have seperated and were never married. However, my daughter who was born in 2010 has him on her birth certificate. She now lives with me but does still see him fairly regularly. Should I die, I want my parents to look after her as that's where we are living at the moment. But I want her father to still continue to have access. I don't want her to go and live with him. Please can you advise where I stand legally with this?
Regards
Emma
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Do you happen to have an Order stating that the child lives with you?
Clare
Customer: replied 2 years ago.

No, I don't. We split when she was 3 and the was no question that she'd come to live with me. He has various issues, but I'm concerned that should I die she would automatically go and live with him.

Customer: replied 2 years ago.

Do you need anymore information?

Customer: replied 2 years ago.

Relist: Incomplete answer.

Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay - when you re listed the question it fell off my lists
You can name your choice of carer as the Testamentary Guardian of your child in your Will.
However in the event of your death they will need to apply to the courts for an Order that the child lives with them.
Her father is entitled to object and it will then be for the court to decide who the child will live with.
There is no way of completely excluding this I am afraid - it will always be open to her father to make an application to the court - but your Will would be good evidence of your wishes in the matter
Please ask if you need further details
Clare
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